Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant is a member of the KBS 1 Trade Union, who is engaged in the KBS broadcast service business.

On April 4, 2013, the Defendant made a public insultd the victim by speaking to the effect that “The victim D, who is a member of the other labor union, shall not be abandoned in the garbage or difficult maps, shall not be abandoned; the victim shall be abandoned in the front of Incheon, because it is too strush, so it shall be abandoned at the sea of the Incheon,” 60 members who participated in the assembly in front of the KBS main hall in Yeongdeungpo-dong, Yeongdeungpo-gu, Seoul.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, D and F;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant Article 311 of the Criminal Act concerning facts constituting an offense and Article 311 of the Selection of Punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's defense counsel on the assertion of legitimate acts by defense counsel under Article 334 (1) of the Criminal Procedure Act asserts that such acts as stated in the facts charged by the defendant constitute justifiable acts under Article 20 of the Criminal Act, and thus, illegality is excluded.

"Acts which do not violate social norms" under Article 20 of the Criminal Act refers to acts which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding the act, and which act is not contrary to social norms, and the illegality of a certain act should be avoided as legitimate acts that do not violate social norms, and it should be determined individually by rationally and reasonably considering the specific circumstances. Thus, in order to recognize such legitimate acts, the following requirements should be met: legitimacy of the motive or purpose of the act, reasonableness of the means or method of the act, balance between the third protected interests and infringed interests, fourth urgency, fifth urgency, and fifth supplementary nature that there is no other means or method other than the act.

(see, e.g., Supreme Court Decision 2005Do4688, Sept. 30, 2005). In light of the above legal doctrine, the aforementioned legal doctrine is applicable.